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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail # 7001 2510 0007 6500 2206
Return Receipt Requested
In the Matter of )
)
Bresnan Communications ) File No. EB-05-ST-
446
)
Physical System ID # 001833 ) NOV No.
V20053298015
Havre, Montana )
)
)
NOTICE OF VIOLATION
Released: August 8,
2005
By the Acting District Director, Seattle Office, Western Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Bresnan Communications ("Bresnan"), operator of a cable
system in Havre, Montana.
2. On July 11, 2005, agents from the Commission's Seattle
Office inspected Bresnan's cable television system located
at Havre, Montana and observed the following violation:
a. 47 C.F.R. § 76.605(a)(12): ``As an exception to
the general provisions requiring measurements to
be made at subscriber terminals, and without
regard to the type of signals carried by the cable
television system, signal leakage from a cable
television system shall be measured in accordance
with the procedures outlined in 76.609(h) and
shall be limited as follows: Over 54 MHz up to
and including 216 MHz - 20 micro-volts per meter,
measured at 3 meters.'' On July 11, 2005, the
agents observed signal leakage on the frequency of
127.2625 MHz at the following location:
Pole 703 Z1 at 1321 7th Ave. 162 µV/m
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Bresnan must submit a written statement concerning
this matter within 20 days of release of this Notice. The
response must fully explain each violation, must contain a
statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time
line for completion of pending corrective action(s). The
response must be complete in itself and signed by a
principal or officer of Bresnan Communications. All replies
and documentation sent in response to this Notice should be
marked with the File No. and NOV No. specified above, and
mailed to the following address:
Federal Communications Commission
Seattle Office
11410 NE 122nd Way, Suite 312
Kirkland, WA 98034
4. This Notice shall be sent by Certified Mail/Return
Receipt Requested and regular mail to Bresnan
Communications, at its address of record.
5. The Privacy Act of 19743 requires that we advise you
that the Commission will use all relevant material
information before it, including any information disclosed
in your reply, to determine what, if any, enforcement action
is required to ensure compliance. Any false statement made
knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the
U.S. Code.4
FEDERAL COMMUNICATIONS
COMMISSION
Kristine McGowan
Acting District Director
Seattle Office
Western Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 308(b).
3 P.L. 93-579, 5 U.S.C. § 552a (e)(3).
4 18 U.S.C. § 1001 et seq.